COLLECTIVE AGREEMENT

Transcription

1 COLLECTIVE AGREEMENT BETWEEN THE DOMINION GROUP INC. (hereinafter called the "Company") AND INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS LOCAL LODGE 235 (hereinafter called the "Union")

2 TABLE OF CONTENTS TABLE OF CONTENTS...3 ARTICLE 1-PURPOSE OF AGREEMENT...4 ARTICLE 2 RECOGNITION...4 ARTICLE 3 -NO DISCRIMINATION...4 ARTICLE 4 -MANAGEMENT RIGHTS...4 ARTICLE 5 NO STRIKES OR LOCKOUTS...5 ARTICLE 6 -UNION SECURITY...5 ARTICLE 7- UNION REPRESENTATION...6 ARTICLE 8 -GRIEVANCE PROCEDURE...7 STEP STEP Arbitration...9 Discipline and Discharge Cases...9 Union Policy Grievance or Company Grievance...10 ARTICLE 9-SENIORITY...10 ARTICLE 10- TEMPORARY TRANSFERS...11 ARTICLE 11-HOURS OF WORK /OVERTIME...12 ARTICLE 12 -LEAVE OF ABSENCE...13 ARTICLE 13 -BEREAVEMENT LEAVE...14 ARTICLE 14 -JURY DUTY & CROWN WITNESS...14 ARTICLE 15- PLANT HOLIDAYS...15 ARTICLE 16- VACATIONS...15 ARTICLE 17 -PAYMENT FOR INJURED EMPLOYEES...17 ARTICLE 18- BULLETIN BOARDS...17 ARTICLE 19- JOB POSTING...17 ARTICLE 20 -SAFETY AND HEALTH...17 ARTICLE 21-BENEFITS...18 ARTICLE 22- REPORTING PAY...19 ARTICLE 23 WAGES/PENSION...19 ARTICLE 24- DURATION...19 SIGNING PAGE...20 APPENDIX "A" CLASSIFICATION

3 ARTICLE 1-PURPOSE OF AGREEMENT 1.00 The purpose of this Agreement is to define the relations between the Company and Union, the wages and working conditions of employees of the Company represented by the Union and means by which complaints, grievances and disputes shall be disposed of promptly and equitably. ARTICLE 2 RECOGNITION 2.01 The Company recognizes the Union as the exclusive bargaining agent of all employees of The Dominion Group Inc. in the Municipality of Metropolitan Toronto and the City of Mississauga save and except Foreman/Supervisors, persons above the rank of Foreman/Supervisor, office and sales staff, and students employed during the school vacation period The word "EMPLOYEES" wherever used in this Agreement shall mean any or all of the Employees in the bargaining unit as defined above, unless the context otherwise provides It is understood that the primary function of supervisors is to supervise not to perform the work of the bargaining unit. Supervisors will not normally perform work of the bargaining unit except for purposes of instructing employees, work of an experimental nature, when bargaining unit employees are absent or when unexpected customer demands makes such work necessary or in an emergency. ARTICLE 3 -NO DISCRIMINATION 3.01 Both parties agree to abide by the terms of the Ontario Labour Relations Act, and the Ontario Human Rights Code, with respect to Discrimination. All references to Employees in this agreement include both Male and Female and whenever the Male or Female gender is used it shall be construed to include both Male and Female employees. ARTICLE 4 -MANAGEMENT RIGHTS 4.01 The Union recognizes and acknowledges that the Management of the plant or plants and the direction of the working force are fixed exclusively in the Company, and without restricting the generality of the foregoing, the Union acknowledges that it is the exclusive function of the Company to, operate and manage the enterprise in order to satisfy its commitments and responsibilities. a) maintain order and efficiency; b) hire, promote, demote, classify, transfer, assign, suspend and retire at normal retirement age and to discipline or discharge any employee for just cause provided that a claim by an employee who has acquired seniority that he/she has been discharged or 4

4 disciplined without just cause may be the subject of a grievance and dealt with as herein after provided; c) make, enforce and alter, from time to time, rules and regulations to be observed by the employees; d) determine the nature and kind of business conducted by the Company, the kinds and locations of plants, to set the quality, quantity and standards of production, the equipment and materials to be used, the control of materials and parts, the methods and techniques of work, the content of jobs, the schedules of production, to lay-off and recall employees, the number of shifts and hours to be worked, the curtailment or cessation of operations or any part thereof, and to determine and exercise all other functions and prerogative which shall remain solely with the Company except as specifically limited by provisions of this Agreement The Company agrees that none of the rights set forth in this Article will be exercised in a manner inconsistent with this Agreement. ARTICLE 5 NO STRIKES OR LOCKOUTS 5.01 The Union agrees while this Agreement is in operation, neither the Union nor any employee shall take part in or call or encourage any strike or picketing. And the Company agrees that it will not engage in any lockout during the term of this Agreement The word "STRIKE" and the word "LOCKOUT" as used in Article 5.01 above shall have the same meaning given those words in the Ontario Labour Relations Act, R.S.O. 1980, c ARTICLE 6 -UNION SECURITY 6.01 The Company agrees to deduct monthly from the earnings of each employee an amount equal to the regular monthly union dues. Such deductions shall be remitted to the Local Lodge of the Union prior to the fifteenth (15th) day of the month following the month for which the deductions are made. The Company, when forwarding union dues, will submit a list indicating the names of those employees from whom such deductions have been made and the amounts deducted for each month. This list will include hires and severance It is understood and agreed that the Union will indemnify and save the Company harmless from any and all claims which may be against it by any employee or employees for amounts deducted from wages as hereinafter provided In order that the Company may have definite instructions as to what amount is 5

5 to be deducted for monthly dues it is agreed that the Union shall promptly notify the Company in writing over the signature of its designated officer of the amount of the deduction to be made by the Company for regular monthly union dues and the Company shall have the right to continue to rely on such written notification until it receives other written notification from the Union signed with the same formality The Company will show the amount of dues deducted on the T-4 slips issued to employees, ARTICLE 7- UNION REPRESENTATION 7.01 The Company acknowledges the right of the Union to appoint or otherwise select from among the members of the Union who are employees of the Company. A Shop Committee consisting of up to six (6) stewards, one (1) of which will be recognized as the Plant Chairperson. The Union will inform the Company in writing of the identity of the Union Representatives and the Company shall not be obliged to recognize such persons until it has been so informed. In addition and subject to the conditions as foregoing, the Union shall advise the Company of all other Union officials Subject to the provisions of Article 7, Shop Stewards will be allowed reasonable time off from their regular workplace, with pay, to investigate and process grievances. a) Stewards must have permission from their Foreman or Supervisor to be absent from work for any of the above purposes. Such permission will not be unreasonably withheld. b) The Company reserves the right to limit such time if it deems the time so taken to be excessive. c) The Company will allow the Chief Stewart time, during normal working hours once per week and in groups, up to a maximum of 30 minutes per session, scheduled at a time agreeable to the Plant Manager or his/her designate, to have new Employees sign their Union Membership application and inform these new members of Union Benefits. d) The company will notify the Union and the Chief Steward of all employees that have completed their probationary period within one (1) week of such completion date 7.03 Shop Committee members and Shop Stewards shall exercise the privilege herein provided in such a manner as to promote good order and discipline and with the least possible interference with the regular duties of their employment The Company acknowledges the right of the Union to elect or otherwise select a Negotiating Committee of three (3) employees, whose duties will be to meet with the Company with the assistance of a full-time representative of the Union to negotiate renewal of this 6

6 Agreement upon its expiry as hereinafter provided It is recognized and agreed that the primary obligation of Stewards and members of the Negotiating Committee is to perform their regular and principal duties in connection with their employment and that only such time as is necessary will be consumed by such persons during working hours in order to perform their functions as a Steward or a member of the Negotiating Committee In order to facilitate communication between the parties, it is agreed that a monthly communication meeting will be held between representatives of the Company and representatives of the Union, including the Business Representative if possible. It is understood that the purpose of this meeting will be to generally facilitate communication between the parties and not to discuss resolution of specific grievances. It is also understood and agreed that any discussions which take place during such meeting will be regarded as being without prejudice and will not be referred to by either party in any arbitration or other litigation which may arise between the parties. ARTICLE 8 -GRIEVANCE PROCEDURE 8.01 The grievance procedure herein provided for are among the most important matters in the successful administration of this Agreement The Company and the Union therefore agree that the designated grievance procedure, as hereinafter set forth, shall serve as and constitute the sole and exclusive means to be utilized by the grievance for the prompt disposition decision and final settlement of a grievance arising in respect of the interpretation application, administration, or alleged violation of this Agreement, and the specifically designated grievance procedure shall be strictly followed. Wherever the term "GRIEVANCE PROCEDURE " is used in this Agreement, it shall be considered as including the Arbitration procedure "GRIEVANCE" shall mean a complaint or claim concerning improper discipline or discharge, or a dispute with reference to the interpretation, application, administration, or alleged violation of this Agreement The Company shall be under no obligation to consider or process any grievance unless such Grievance has been presented to the Company in writing at Step 1 of the grievance procedure within five (5) working days from the time the circumstances upon which the grievance is based were known or should have been known by the griever All time limits referred to in the grievance procedure herein contained shall be deemed to mean "Work Days" No employee shall have a grievance until he has first taken up the alleged violation orally with the employee's immediate Supervisor. If the employee's Supervisor does not settle the matter to the employee's satisfaction within forty-eight (48) hours, the employee's proper grievance may be processed as follows: STEP 1 7

7 If an employee has a grievance, the grievance shall, within five (5) days as referred to in Article 8.03 hereof, be reduced to writing and presented to the Supervisor. The Supervisor shall give the griever a written reply as soon as possible but not later than five (5) working days after such decision. If such reply is not satisfactory to the griever, the next step must be taken within three (3) working days of the Supervisor's answer; The grievance referred to above shall identify: a) the facts giving rise to the grievance; STEP 2 STEP 3 b) the relief requested, and shall be signed by the employee and his or her steward At this step, the written grievance shall be presented to the Plant Manager within the aforesaid five (5) working days of receipt of the Supervisor's reply. A meeting will be held between the Shop Committee, the Griever, a Union Representative, and the Plant Manager and other representatives of the Company who may be deemed necessary, within five (5) working days of the presentation of the grievance to the Plant Manger. The Plant Manager shall give his written reply to the Committee within five (5) working days of such meeting. In the event the grievance is not settled at Step 2, the party having carriage of the grievance shall request arbitration of the grievance by giving notice in writing within ten (10) working days from the delivery of the decision at Step 2 to the Committee. If the request for arbitration is not so given within such ten (10) working day period, the decision at Step 2 shall be final and binding upon both parties to this Agreement, and upon any employee involved. 8

8 Arbitration Where a difference arises as to the interpretation, application or administration of this Agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this agreement has been violated, either of the parties may, after exhausting the grievance procedure, notify the other party in writing of this desire to submit the grievance to arbitration. A sole arbitrator shall be selected by mutual agreement. In the event the parties are unable to agree on a selection the parties agree to request the minister of labour to appoint an arbitrator. The decision of the arbitrator shall be final and binding upon the Company and the Union and all of the employees affected. In the event a grievance is not satisfactorily adjusted by application of the grievance procedure as set forth in this Agreement and if neither party requests the matter to be arbitrated in accordance with the provisions hereof, then such grievance shall be considered for all purposes having been waived and abandoned by the parties having carriage of the grievance The Arbitrator shall not have the jurisdiction or authority to alter or modify any of the provisions of this Agreement, or substitute any new provisions in lieu thereof or to give any decision inconsistent with the terms and provisions of this Agreement Each party shall bear its own costs of and incidental to any such arbitration proceedings. The fees and charges of the arbitrator shall be borne equally by the two parties hereto The time limits and other procedural requirements sot out in this Article 8 shall not be considered to have been waived by the parties unless expressly provided for by them in writing It is also understood and agreed that any arbitrator appointed pursuant to Section 45 of the Ontario Labour Relations Act will be bound by the requirements of the grievance and, arbitration procedures set out herein. Discipline and Discharge Cases 8.11 (a) An employee may only be suspended or discharged in the presence of the Plant Committee Chairman or his/her designate. (b) In the event that an employee who has attained seniority is suspended as a disciplinary matter or is discharged, and the employee claims that an. injustice has been done, the employee may within five (5) working days after such suspension or discharge file a grievance in writing at Step 2 of the grievance procedure, Union Policy Grievance or Company Grievance 9

9 8.12 A Union policy grievance or Company grievance may be submitted to the Company or the Union, as the case may be, in writing within ten (10) working days from the time the circumstances upon which the grievance is based were known or should have been known by the griever. A meeting between the Company and the Union shall be held within five (5) working days of the presentation of the written grievance and shall take place within the framework of Step 2 of Article 8.05 hereof. The Company or the Union, as the case may be, shall give its written decision within five (5) working days after such meeting has been held. ARTICLE 9-SENIORITY 9.01 An employee shall be considered a probationary employee until he/she has performed forty-five (45) days of work for the Company during a period of twelve (12) consecutive months. During such probationary period he/she shall have no seniority rights. Upon completion of his/her probation period the employee's seniority shall be dated from the date the employee commenced his/her probationary period. It is understood and agreed that the grievance procedure will only apply to seniority employees. The term SENIORITY EMPLOYEE" as used in this Agreement shall mean an employee who has completed his/her probationary period In case of promotion, demotion (except as a disciplinary measure) lay-off and recall from lay-off (except in the case of temporary lay-offs) the following shall apply: a) The employee with seniority shall be entitled to exercise plant wide seniority and in the case of lay-off to displace an employee with less seniority in the plant, provided the employee with seniority has the qualifications, is able to show efficiency and has the ability to do the work which is available and required. The Union will be notified of recall and hiring programs. b) "PROMOTION" as used in this Article shall be deemed to mean a permanent transfer to a job classification carrying a higher rate of pay than prevails in the job classification in which the employee is occupied and shall be handled under the job posting procedure An employee shall lose all seniority and be deemed to have terminated his/her employment for any of the following reasons: a) if he/she voluntarily quits; b) if he/she is discharged and such discharge is not reversed through the grievance procedure; c) if he/she is absent from work for three (3) consecutive working days without notifying the Company, unless the employee can satisfy the Company that he/she was unable to return or notify the Company because of accident, illness, or other significant reason acceptable to the Company; 10

10 d) if he/she is recalled to work after a lay-off and fails to return to work or furnish a reason satisfactory to the Company for not doing so within five (5) working days after notice of recall has been sent by registered mail to the last known address that the employment office has in its files for the employee. e) if he/she has not performed work for the company for a period of twenty four (24) consecutive months; f) if he/she overstays a permitted leave of absence without securing permission for the extension of such leave of absence from the Company unless the employee has a reason satisfactory to the Company for such overstay. 9.4 The Company shall maintain and post an up-to-date seniority list and supply a copy of the list and any changes thereto to the Union every three (3) months By agreement between the parties hereto, lost seniority may be restored in whole or in part to any employee. 9.5 For the purposes of general layoffs the Union Chief Steward or their alternative as identified by the Union shall be deemed to have greater seniority than all other employees. 9.6 An employee has not received any discipline for a period of twenty four (24) months, will have any discipline prior t such twenty-four (24) month period removed from their record. ARTICLE 10- TEMPORARY TRANSFERS An employee who is temporarily transferred to another job in which the rate of pay is different to that in effect in such employee's regular job, shall be paid while so employed as follows: a) If the rate of pay in the job to which he/she is transferred is less than the employee's regular pay, he/she shall receive his/her own higher rate of pay. b) If the rate of pay in the job to which he/she is transferred is higher than the employee's regular pay, he/she shall receive the rate of pay for the job to which he/she was transferred These provisions shall not apply in the ease of transfer of an employee to avoid lay-off, in ease of such transfer, the employee shall receive the rate for the job to which he is transferred A "TEMPORARY TRANSFER" shall mean a transfer of longer than one (1) hour, but not longer than thirty (30) working days. 11

11 ARTICLE 11-HOURS OF WORK /OVERTIME 11.1 It is hereby expressly understood and agreed that the provisions of this Article are for the purpose of computing overtime and shall not be construed as a guarantee of, or a limitation upon, the hours of work to be done per day or per week or otherwise nor guarantee of working schedules The normal work week for employees will be composed of forty (40) hours from Monday to Friday. The normal work day shall be eight (8) hours in duration. The parties recognize that because of the nature of the Company's business, changes in the normal work week and normal work day may become necessary in order to meet customer demands. Where changes in the normal work week or normal work day are required because of customer demands, the Company will provide a minimum of three (3) weeks' notice to the Union and two (2) weeks' notice to the employees affected. The Company will meet with the Union to discuss alternative methods of meeting Company demands prior to implementing the change. The Company will give due consideration to the Union's concerns, comments and suggestions a) The normal working time for day shift will be from 7:30a.m.to 3:45p.m. b) The normal working time for afternoon shift will be from 4:00 p.m. to 12:15 a.m. c) Any hours outlined in this Article may be changed provided a minimum of three (3) weeks' notice is given to the Union and two (2) weeks' notice is given to the employees affected. In making changes to shift hours, the Company will consider the needs of employees who take public transportation. The Company will give due consideration to the Union's concerns, comments and suggestions regarding changes to shift schedules and to the seniority of employees doing the work affected Each shift shall contain two (2) ten-minute paid rest periods and a half-hour meal period, of which 15 minutes will be paid by the Company. The Company and the Union agree that the warning buzzer will be removed at the end of each break Employees shall be paid overtime at the rate of one and one-half (1 'A) times the regular rate of pay for all hours worked beyond eight (8) in a day and forty (40) regular hours worked in a calendar week All hours worked on Sunday shall be paid at the rate of two (2) times the employee's regular rate of pay For purposes of calculating overtime, any hours lost through temporary layoff shall be considered hours worked All overtime shall be divided fairly among employees who normally perform the work in the classification to the extent that is practicable. 12

12 11.09 In no case will there be duplication or pyramiding of overtime and any other premium compensation. ARTICLE 12 -LEAVE OF ABSENCE Leave of absence shall, mean an absence from work requested by an employee in writing and consented to by the Company. Leave granted shall be in writing covering a specific period of time. Leave of absence shall be at the sole discretion of the Company and shall be without pay. The Company will continue to pay premiums to provide benefits to employees to the end of the month following the month in which the leave starts. If the leave of absence extends beyond the time for which the Company is required to make benefit premium payments, the employee may pay the cost of the benefit premiums for the balance of the period of the leave of absence. Such payment will be made to the Company before the employee starts the leave of absence. The employee shall not work in any other position during such leave of absence unless agreed to by the Company in writing Seniority shall accrue during all leaves of absence The Company shall inform the Union of leaves of absence without pay granted by the Company for more than thirty (30) calendar days The Company agrees to grant seniority employees a leave of absence without pay to attend union conventions and conferences subject to the following: a) No more than two (2) employees shall be absent on such leave at one time; b) The total number of such absences in one (1) year shall not exceed twenty (20) days; c) The Union advises the Company at least two (2) weeks prior to the commencement of such leave Pregnancy and parental leave shall be as provided in the Employment Standards Act in effect April 1, 1999, as a minimum The Company and the Union agree that a doctor's note is required for any absence of three (3) consecutive days or more. ARTICLE 13 -BEREAVEMENT LEAVE A seniority employee who suffers a loss in his/her immediate family shall be granted a three (3) day leave of absence with pay, provided such days are consecutive with and include the day of the funeral, on regularly scheduled working 13

13 days of the employee. "IMMEDIATE FAMILY" for purposes of this Article shall mean the employee's spouse, parent, parent of a current spouse, child, stepchild, brother, sister, grandchild, stepbrother, stepsister, stepparent, brother-in-law, sisterin-law, daughter-in-law, son-in-law, common law spouse (as identified on company records) An employee who suffers a loss of a grandparent shall be granted a two (2) day leave of absence with pay to attend the funeral, provided such day falls on a regularly scheduled working day of the employee. ARTICLE 14 -JURY DUTY & CROWN WITNESS The Company will grant a leave of absence to a seniority employee who is required to serve as a juror or as a Crown Witness as prescribed by applicable law during his/her regularly scheduled hours. The Company will pay the employee who is required to serve as a Juror or Crown Witness the difference between the Crown pay (not including travel allowance and reimbursement of expenses) and the wages he/she would have earned by working straight time hours on that day. This Article shall also apply to employees who were working afternoon and night shifts who were to report during non-scheduled working hours. In order to receive payment, an employee must give the Company prior notice that he/she has been summoned for Jury Duty or as a witness and must furnish satisfactory evidence that he/she reported for or performed jury Duty, or appeared as a witness on the day for which he/she claims such payment, 14

14 ARTICLE 15- PLANT HOLIDAYS The following days shall be observed as Plant Holidays: New Years Day Good Friday Victoria Day Civic Holiday Day Boxing Day Family Day Canada Day Labour Day Thanksgiving Day Christmas In order to be eligible for payment for such holiday, the employee must work on the last scheduled shift immediately before the holiday and must work on the first scheduled shift immediately after the holiday, unless the employee has a reason for being absent satisfactory to the Company An employee who has completed his probationary period shall receive holiday pay at his regular straight time rate of pay for the number of straight time hours regularly scheduled. An employee who has been laid off for more than ten (10) working days shall not receive holiday pay An employee who is required to work on any of the holidays listed in Article hereof shall be paid two (2) times his/her regular rate exclusive of premiums for all hours so worked and in addition shall receive the holiday pay provided for herein An employee who is otherwise entitled but fails to work his/her shift before or his/her shift following due to approved union business, vacation, bereavement or jury duty shall not be disqualified from receiving holiday pay In the first full pay week of the month in which the anniversary of the date of their joining the Company occurs, and in the first fall pay week of the month in which their Birthday occurs, employees will receive an amount equal to one (1) day's pay. ARTICLE 16- VACATIONS Employees with less than one (1) year's continuous service with the Company as of June 30th in any year shall be granted vacation pay in accordance with the Employment Standards' Act An employee having at least one (1) year's continuous service with the Company as of June 30th in any year shall be entitled to two (2) weeks vacation pay computed at the rate of four percent (4%) of the employee's earnings with the Company in the twelve (12) month period preceding such June 30th An employee having at least five (5) years continuous service with the Company as of June 30th in any year shall be entitled to three (3) weeks vacation with pay computed at the rate of six percent (6%) of the employee's earnings with the Company in the twelve (12) month period immediately preceding such June 30th. 15

15 16.03A An employee having at least twelve (12) years continuous service with the Company as of June 30th in any year shall be entitled to four (4) weeks vacation with pay computed at the rate of eight percent (8%) of the employee's earnings with the Company in the twelve (12) month period immediately preceding such June 30th B An employee having at least twenty (20) years continuous service with the Company as of June 30th in any year shall be entitled to five (5) weeks vacation with pay computed at the rate of ten percent (10%) of the employee's earnings with the Company in the twelve (12) month period immediately preceding such June Vacations shall not be accumulated or waived but must be taken within the current vacation year. An employee who leaves the employment of the Company for any reason prior to June 30th shall receive a vacation pay based on the previous year's vacation entitlement, a) Vacation requests for the year starting July 1 that are submitted prior to April. 1 of that year shall be considered as being submitted on April 1. The Company will grant vacation requests having regard to seniority and the production needs of the Company. The Company will advise employees who submit their requests prior to April whether or not their vacation request has been granted no later than May 1. Employees will be advised in writing. b) Vacation requests submitted after April 1, will be considered in the order they are submitted. The Company will grant such vacation requests having regard to the seniority and production needs of the Company, Vacation requests submitted on the same day will be granted in order of seniority, subject to production needs of the Company. The Company will advise employees who submit their vacation requests under this paragraph (b) whether or not their vacation request has been granted; i) not later than May 1, if submitted during April; or ii) not later than two (2) weeks after submission if submitted after April 30. Employees will be advised in writing. Vacation requests submitted under this paragraph (b) shall not affect vacation requests submitted under paragraph (a) Vacation pay shall be paid on the regular pay day one (1) week prior to the commencement of the vacation provided that the Company has notice of the employee's vacation request at least three (3) weeks in advance of the last pay day prior to the commencement of the vacation. 16

16 ARTICLE 17 -PAYMENT FOR INJURED EMPLOYEES In the event that an employee is injured in the performance of his duties he/she shall to the extent that he/she is required to stop work and receive treatment be paid for wages for the remainder of his/her shift. If it is necessary, the Company will provide or arrange for suitable transportation for the employee to the doctor or hospital and back to the plant if necessary. The employee may be required to provide satisfactory medical evidence with respect to his/her inability to remain at work or return to work. ARTICLE 18- BULLETIN BOARDS The Company will provide an appropriate bulletin board for the convenience of the Union in posting of union meetings. All such notices must be signed by the proper official of the Union and submitted to the plant manager of the Company or his/her designate for approval before being posted. ARTICLE 19- JOB POSTING When a permanent position is created or an existing permanent position becomes vacant in the bargaining unit, the employee s will be given an opportunity to apply. Notice of such vacancy will be posted. Employees wishing to be considered for the position shall make application in writing within five (5) days of the posting the vacancy notice. Such vacancy shall be filled in accordance with provisions of article 9.02 (a). It is understood and agreed that if there are no applicants meeting the requirements of article 9.02 (a), the company will fill the vacancy as it sees fit. ARTICLE 20 -SAFETY AND HEALTH The existing safety devices and practices of the Company for the purposes of protecting employees from injury, accident and unhealthful conditions of work during their working hours shall be continued subject to such improvements or changes as the Company from time to time determine to be advisable. The parties recognize that each employee has the right and obligation to report unsafe conditions and practices to his/her immediate supervisor A Union/Management Safety Committee shall be established consisting of two (2) members appointed by the Union, two (2) members appointed by management. Each party shall notify the other of its appointees and any subsequent changes Any members of the Safety Committee or Shop Steward may make a report or suggestion to a Company supervisor on any matter of safety at any time The activities of the members of the Safety Committee shall be: a) To bring to the attention of those concerned any equipment, procedure, or practices which create a safety hazard, 17

17 b) To make a report or suggestion concerning a safety hazard in writing to the Company Safety Director who shall report on the action taken at the next Safety Committee meeting. c) To recommend safety education programs so as to promote safe working conditions and methods throughout the shops. d) The Joint Health and Safety Committee will meet once a month on the third Wednesday of every month at 3:00 p.m. ARTICLE 21-BENEFITS Prescription Coverage The Company will provide a prescription drug card with no deductible and coverage of dispensing fees of up to: $6.00 per prescription effective April 8, 2008 $7.00 per prescription effective April 8, 2009 $8.00 per prescription effective April 8, 2010 Lifestyle drugs and semi-private hospital coverage are excluded from the plan, Dental coverage 80% to current O.D.A. schedule to a maximum of one thousand two hundred dollars ($ ): Twelve hundred and fifty dollars ($ ) per year effective April 8, 2008 Thirteen hundred dollars ($ ) per year effective April 8, 2009 Thirteen hundred and fifty dollar ($ ) per year effective April 8, 2010 Life Insurance Coverage and Extended Health Care. The Company agrees to reimburse each employee up to eighty five dollars ($85) each year of this contract for the purchase of CSA approved Safety Shoes The Company will provide prescription glass coverage of one hundred dollars ($100.00) every two (2) years for each member of the employee s immediate family The benefits provided for in article 21 will be provided to new employees hired after the date of execution of collection agreement after 120 working days of employment ARTICLE 22- REPORTING PAY An employee permitted to come to work without having been notified that there will be no work available and who is sent home because of a lack of work before he/she shall have worked four (4) hours shall receive a minimum of four (4) hours pay his/her prevailing hourly rate subject to the applicable overtime premium, provided 18

18 however, that the provisions shall not apply in any case in which the lack of work is caused by a labor dispute, or by any reason beyond the control of the Company, or in any case in which an employee is offered four (4) hours of work for which he/she is qualified and he/she refuses such work. ARTICLE 23 WAGES/PENSION Wages to be paid in accordance with Appendix " A" attached hereto and forming part of this Agreement The Company will contribute $0.15 per hour worked for all seniority employees to the JAM Labour Management Pension Fund (Canada) affective April 8 tb, ARTICLE 24- DURATION 24.1 This Agreement shall be effective from the 8th day of April 2008 to the 7th day of April, 2011, and shall continue in effect from year to year thereafter unless at least thirty (30) days but not more than ninety (90) days written notice of intention to change shall be given by either party to the other party to the expiration of this Agreement, pending the determination of the terms of the new Agreement, this Agreement shall remain in force. CBA also includes all letters of understanding and the Civil Respectful Workplace Policy negotiated in this agreement. 19

19 SIGNING PAGE DATED at Mississauga, Ontario, on this date: March 14, 2008 FOR THE COMPANY FOR THE UNION For Gary Hynes Paul Wilkes 20

20 APPENDIX "A" CLASSIFICATION EFFECTIVE APRIL 8/08 EFFECTIVE APRIL 8/09 EFFECTIVE APRIL 8/10 START START START Material Handler $14.20 $14.70 $15.00 Packager $13.20 $13.70 $14.00 Cleaner $13.45 $13.95 $14.25 Imprinter $13.20 $13.70 $14.00 Crater $14.45 $14.95 $15.25 Sorter $14.95 $15.45 $15.75 LEADHAND: The Company will pay a twenty (20) cent premium to any employee whom the Company assigns Leadhand functions and designates as a Leadhand. Leadhands shall not participate in any Disciplinary action. 21